POLITICAL DONATIONS REGULATIONS

Last updated on 18 Apr 2006

POLITICAL DONATIONS ACT

(CHAPTER 236, SECTION 32)

POLITICAL DONATIONS REGULATIONS

PART I

PRELIMINARY

Citation
1. These Regulations may be cited as the Political Donations Regulations.

Definition
2. —(1) In these Regulations, unless the context otherwise requires, “authorised representative” means a person who is 21 years of age or above and who is authorised by his principal in writing.

(2) The forms mentioned in these Regulations are those set out in the Schedule.

PART II

DONATION REPORTS AND DECLARATIONS BY POLITICAL ASSOCIATIONS

Annual donation report form
3. Every donation report of a political association under section 12 of the Act shall be in Form 1.

Declaration form
4. Every donation report of a political association under section 12 of the Act shall be accompanied by a declaration in Form 2 made by the responsible officers of the political association.

Filing of donation reports and declarations
5. Every donation report of a political association under section 12 of the Act and its accompanying declaration —

(a) shall be made in duplicate and sent to the Registrar; and

(b) may be delivered to the office of the Registrar in person or by post.

PART III

DONATION REPORTS AND DECLARATIONS BY CANDIDATES

Division 1 — Political Donation Certificate

Application by aspiring candidates
6. —(1) Any person who desires to be a candidate at an election or a presidential election shall, at any time after the date of the notice of the writ of election for an election or (as the case may be) a presidential election, and at least 2 clear days before nomination day at that election or (as the case may be) presidential election, apply to the Registrar for a political donation certificate.

(2) An application for a political donation certificate shall —

(a) be in the form of a donation report in Form 3 accompanied by a declaration in Form 4, both of which are to be made by the person; and

(b) be addressed to the Registrar and sent to his office at the Elections Department.

(3) The donation report and declaration required under section 18 of the Act shall be made in duplicate and delivered to the office of the Elections Department by the applicant in person or by his authorised representative.

Issue of political donation certificate
7. Subject to regulation 8, upon receipt of a duly completed donation report in Form 3 and declaration in Form 4 from an applicant for a political donation certificate, the Registrar shall issue to the applicant a political donation certificate in Form 5 not later than the eve of nomination day at the election or (as the case may be) presidential election.

Incomplete application, etc.
8. Where —

(a) the donation report in Form 3 or declaration in Form 4 is incomplete; or

(b) a duly completed donation report in Form 3 is not accompanied by a duly completed declaration in Form 4 and vice versa,

the Registrar shall, as soon as practicable and in any case no later than the eve of the nomination day at the election or presidential election, as the case may be, inform the applicant that his application for a political donation certificate is unsuccessful.

Collection of certificate
9. —(1) The Registrar shall notify every applicant whose application for a political donation certificate is successful.

(2) The applicant shall collect the political donation certificate from the office of the Elections Department no later than the eve of the nomination day at the election or (as the case may be) presidential election.

(3) The applicant may collect the political donation certificate either in person or by his authorised representative.

Division 2 — Post-election reports and declarations

Post-election donation report
10. Every donation report of a candidate and his election agent or (as the case may be) principal election agent required under section 19 of the Act shall be in Form 6.

Post-election declaration form
11. Every donation report required under section 19 of the Act shall be accompanied by —

(a) a declaration in Form 7 made by the candidate and his election agent or (as the case may be) principal election agent; and

(b) in the case of a candidate at a presidential election, a declaration in Form 8 made by each and every election agent of his.

Filing of post-election donation reports and declarations
12. Every donation report required under section 19 of the Act and its accompanying declaration or, as the case may be, declarations —

(a) shall be made in duplicate and addressed to the Registrar; and

(b) may be delivered to the office of the Elections Department in person or by post.

PART IV

MULTIPLE SMALL DONORS

Donation report by multiple small donor
13. The donation report of a donor to any political association required under section 21 of the Act shall be in Form 9.

Declaration form
14. Every donation report of a donor to any political association required under section 21 of the Act shall be accompanied by a declaration in Form 10 made by the donor.

Filing of donation report and declaration
15. Every donation report of a donor to any political association required under section 21 of the Act and its accompanying declaration —

(a) shall be made in duplicate and sent to the Registrar; and

(b) may be delivered to the office of the Registrar in person or by post.

PART V

MISCELLANEOUS

Definition of this Part
16. In this Part, “candidate” includes a person who desires to be a candidate at an election or a presidential election.

Valuation
17. —(1) Where a donation (other than money) is made to a political association or candidate or his election agent, none of the following persons may be employed for the purposes of determining the market value of the donation for the purposes of the Act and these Regulations:

(a) a candidate at an election or a presidential election;

(b) an election agent of any such candidate or any other person appointed or employed by such an election agent in respect of the conduct or management of an election or a presidential election;

(c) the Returning Officer, the Registration Officer or any other person appointed to any position under the Parliamentary Elections Act (Cap. 218) or the Presidential Elections Act (Cap. 240A); and

(d) the Registrar or any of his staff.

(2) A market valuation of any donation (other than money) for the purposes of the Act or these Regulations shall be regarded prima facie as a true valuation of the market value of the donation if the valuation is made by a person who is a licensed appraiser under the Appraisers and House Agents Act (Cap. 16).

(3) Any donation report containing any donation of property (other than money) shall, if required by the Registrar, be accompanied by a valuation report relating to such property.

Surrender of anonymous donations to Registrar
18. —(1) Where a political association, candidate or election agent, having received an anonymous donation, intends to send the donation to the Registrar in accordance with section 10 (1) (c) or 16 (1) (c) of the Act, as the case may be, the donation shall be sent as follows:

(a) in the case of cash, the amount shall be delivered to the office of the Registrar accompanied by Form 11; or

(b) in the case of other property, the property shall be delivered to the office of the Registrar or such other place as the Registrar may direct accompanied by Form 11.

(2) Anonymous donations that are to be sent to the Registrar shall be delivered in accordance with paragraph (1) in person either by the political association, candidate or election agent or by its or his authorised representative.

(3) The Registrar shall issue a receipt on his receiving an anonymous donation under this regulation.

Receipts for cash donations
19. A political association, candidate or election agent shall issue a receipt for every cash donation (not being an anonymous donation) accepted by the political association, candidate or election agent, as the case may be.